Finian McGrath (Dublin North Central, Independent)
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Question 609: To ask the Minister for Justice, Equality and Law Reform the reason the gardaí did not investigate a case (details supplied) and the reason forensic evidence which showed a forgery was ignored; the further reason a company (details supplied) knowingly used a deed of transfer in the Land Registry office in Dublin to make money and why this case was covered up for years. [10222/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Garda authorities inform me that, following a complaint made in 1992, an investigation was conducted by the Garda Síochána into the matter referred to by the Deputy. The investigation was completed in 1994 and concluded that there was no evidence to support the necessary ingredients for the prosecution of the offence of forgery in this jurisdiction. A further complaint was made in 1997. Following a review of the original evidence, and in view of the fact that no further evidence was produced, it was decided that there was no evidence of a criminal offence in this jurisdiction.

Following further correspondence from the person referred to by the Deputy, a comprehensive review of the matter was conducted by the Garda authorities in 2003. The investigation file was submitted to the law officers, who directed no prosecution in the matter.

As the Deputy will be aware I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the Garda Síochána is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the director. The Director of Public Prosecutions, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. In the circumstances, it would be inappropriate for me to comment further on the case.